High Courts Archives

Delhi High Court directs Collector of stamps to adjudicate stamp duty payable within 30 days

If adjudication of any stamp duty payable involves any complexity/ extraordinary circumstances, the adjudication of stamp duty can be extended for a maximum period of three months from the date of application.

Case Briefs High Courts

Gratuity determined as per date of termination of employment, not the date of sanction or actual disbursement: Kerala High Court

Kerala High Court suggested the petitioner to choose between Payment of Gratuity Act, 1972 and Kerala State Housing Board Employees’ (Pension and other Retirement Benefits) Regulations, 1990 for claim of gratuity or DCRG, since he cannot have gratuity under one with the ceiling limit payable under another Act.

Case Briefs High Courts

[Copyright Infringement] Bombay High Court refuses to grant interim injunction to Shemaroo Entertainment

Bombay High Court perused the assignment deed pertaining to the film ‘Amba’ and opined that ‘the said work’ indicates plaintiff’s failure in making out a prima facie case of only audio rights being assigned to the defendant.

Case Briefs High Courts

Section 138 NI Act| No mandatory disposal of Section 143A application before examination of accused under Section 251 CrPC: Calcutta High Court

“Section 143A empowers a Court to pass an order on interim compensation in favour of the complainant where the accused pleads not guilty to the accusations made in the complaint.”

Case Briefs High Courts

Manipur HC directs State and Officer-in-charge to complete pending Investigation in 10-years-old UAPA case within 6 months

The Court said that offences under UAPA are serious ones relating to the security of the nation and FIR cannot be quashed on mere technicalities without going to the complete merit of the case.

Case Briefs High Courts

Orissa High Court directs State to indicate steps taken by District Administration for crowd management at Alarnath temple during Anavasara Period

The temple is normally very crowded during the Anavasara Period and therefore, the court has directed the authorities concerned to ensure effective handling of the crowd.

Case Briefs High Courts

Mere possession of living cow does not amount to committing, abetting, or attempting an offence under U.P. Prevention of Cow Slaughter Act: Allahabad High Court grants bail

The principle that Bail is a rule and Jail is an exception has been well recognised by Supreme Court more specifically on the touch stone of Article 21 of the Constitution

Case Briefs High Courts

Manipur High Court directs appointment of Dr. L Ranjit Singh as Director of Regional Institute of Medical Sciences, Imphal

While a writ petition is pending wherein the appointment of a Director is challenged, the authorities concerned cannot appoint another Director without the leave of the Court.

Case Briefs High Courts

Arbitration Clause in a contract will perish with its novation: Delhi High Court

Where parties decide to put an end to the original contract as if it never existed and substituted a new contract with it, then in such a situation the original contract is extinguished by the substituted one and the arbitration clause of the original one perishes with it.

Case Briefs High Courts

Bombay High Court grants interim relief to Indian Express against ‘Sprouts’ in 100 crores defamation suit

Bombay High Court was convinced of a strong prima facie case for grant of ad-interim reliefs, finding the balance of convenience in favour of Indian Express.

Case Briefs High Courts

Police should verify pendency of bail application for interim orders before arresting a person: Kerala High Court

Kerala High Court found the instant bail application to be infructuous, since it was filed under Section 438 of CrPC, and the petitioner was already arrested.

Case Briefs High Courts

Haj Pilgrimage and related ceremonies fall within the ambit of religious practice and are protected under Article 25: Delhi High Court

Religious freedoms are one of the most cherished rights guaranteed and enshrined under the Constitution in line with the vision of the founding fathers of the Modern Indian Republic and the religious freedom of the person was guaranteed by the Constitution of India under Article 25.

Case Briefs High Courts

Punjab and Haryana High Court refuses grant of anticipatory bail to IAS Vijay Singh Dahiya

The petitioner allegedly took bribe to clear bills of the complainant

Case Briefs High Courts

“Dog meat consumption is an ancient Naga custom”: Gauhati High Court sets aside ban on sale of dog meat

Consumption of dog meat is a regarded custom amongst the Nagas since times immemorial and the Food Safety and Standards Act, 2006 already provides for an appropriate authority to issue prohibition orders.

Case Briefs High Courts

Can a father-in-law file a habeas Corpus petition seeking custody of Daughter- in- law? Allahabad High Court answers

Allahabad High Court said that the detenue is living with her parents, thus, it cannot be said that she is in illegal detention.

Case Briefs High Courts

Delhi High Court upholds 2011 amendment to Section 35(10)(cc) of Delhi Co-operative Societies Act

Amendment(s) made to an existing Statute cannot be modified, looked into, or set aside simply because the same is not viable or suitable to a party.

Case Briefs High Courts

Can a child in conflict with law file an application for anticipatory bail under S. 438 CrPC? Allahabad High Court answers

A child enjoys equal rights with other persons. Therefore, it would be in violation of all the principles and provisions to deny an opportunity to exercise the right of preferring an application under Section 438 CrPC.

Case Briefs High Courts

Age of Retirement for Kerala High Court Staff; matter remitted back for consideration by Government

Kerala HC remitted the matter back to Kerala Government for reconsidering the proposal of the Court to increase the retirement age of the Judicial staff from 56 to 58 years of age.

Case Briefs High Courts

Proceedings under S. 498-A IPC cannot be quashed simply because it was filed after receipt of divorce notice: Karnataka High Court

It was stated that decision of the co-ordinate Bench of the High Court in Naresh Gundyal v. State on same issue, defeats the very object of S. 498-A, IPC and Domestic Violence Act, 2005.

Case Briefs High Courts

[Illegal Coal Mining] Meghalaya HC expresses concern for involvement of higher-ups of State; Reprimands State for complicity with kingpin

The Court said that the State is responsible for aiding the business of illegal mining and allowing illegal transport of thousands of metric tonnes of coal